J.M. Tandon, J. - (1.) In a petition for dissolution of marriage filed by Kuldip Singh petitioner against his title Satwant Kaur respondent the latter moved an application for fixation of maintenance pendente lite and litigation expenses. The Additional District Judge, Sonepat, vide order dated Dec. 8, 1981, held that the income of the petitioner is Rs. 500.00 per month and that of the respondent Rs. 400.00 per month. The parties have a minor child who is living with the respondent. The learned Additional District Judge clubbed the income of the parties and held that on per capita basis each of the three members of the family is entitled to Rs. 300.00 per month. In view of the fact that the minor child is living with the respondent she was allowed Rs. 200.00 per month as maintenance pendente lite. The litigation expenses payable by the petitioner to the respondent were fixed at Rs. 1,250.00 It is against this order of the learned Additional District Judge dated Dec. 8, 1981, that the present revision has been filed.
(2.) The learned counsel for the petitioner has argued that the aggregate income of the parties is Rs. 900.00 per month. The respondent at best is entitled to one-third of the aggregate income minus her own income by way of maintenance pendente lite. The income of the respondent is Rs. 400.00 per month. Even allowing a margin of Rs. 100.00 per month for the minor child aged about five years the respondent is not entitled to any amount by way of maintenance pendente lite. Reliance has been placed on Harsharan Singh Vs. Smt. Tejinder Kaur, 1975, H.L.R. 252 . The contention of the learned counsel for the petitioner must prevail. The respondent at best can claim one-third of the aggregate income by way of maintenance pendente lite. On that basis she is entitled to Rs. 300.00 per month as maintenance pendente life. Her own income is Rs. 400.00 per month. Even allowing the maintenance for the minor child of the parties living with the respondent at the rate of Rs. 100.00 P.M. the latter cannot justifiably claim any amount by way of maintenance pendente lite from the petitioner.
(3.) The respondent has been allowed Rs. 1250.00 by way of litigation expenses. She has been rightly allowed this amount and there is no justification or scope for reduction therein.;